Legal Opinion

Grove Press, Inc. v. Evans

District Court, E.D. Virginia

Decided November 26, 1969No. Civ. A. 355-69-NPublishedCited by 15 opinions

1Opinion of the Court

BUTZNER, Circuit Judge:

The owner and exhibitors of the motion picture film, “I Am Curious (Yellow),” seek a declaration that Virginia’s obscenity statutes are unconstitutional and an injunction restraining the Commonwealth’s Attorney and Chief of Police of the City of Virginia Beach, Virginia, from future prosecutions charging violation of the statutes. The exhibitors originally sued for return of the film, which the Chief of Police had seized, and for an injunction against a pending criminal prosecution. Judge Merhige, acting under 28 U.S.C. § 2284(3) and (5) granted a temporary restraining…

2Cases cited13 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Dombrowski v. PfisterSupreme Court of the United States · 1965
  3. Stanley v. GeorgiaSupreme Court of the United States · 1969
  4. Leary v. United StatesSupreme Court of the United States · 1969
  5. Smith v. CaliforniaSupreme Court of the United States · 1960

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3Cited by15 opinions

  1. People Ex Rel. Tooley v. Seven Thirty-Five East Colfax, Inc.Supreme Court of Colorado · 1985
  2. State v. KuenySupreme Court of Iowa · 1974
  3. Comptroller of Treasury v. Mandel, Lee, Goldstein, Burch Re-Election CommitteeCourt of Appeals of Maryland · 1977
  4. General Corp. v. State Ex Rel. SweetonSupreme Court of Alabama · 1975
  5. State v. BumanglagHawaii Supreme Court · 1981

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